Source: Ironshore Environmental, November 2015 A contractor installed a liner at a gypsum stack. The liner subsequently leaked. The contractor was obligated to contribute $1M towards the $15M cleanup of a neighboring waterway. $4M in defense expenses were incurred to get to settlement.

Source: http://www.constructionbusinessowner.com, November 2015 By: Jeff Slivka, New Day Underwriting Managers LLC Consider these insurance trends when working with design firms The American Institute of Architects’ (AIA) semi-annual Consensus Construction Forecast recently projected that spending will increase by nearly 9 percent this year, with another 8 percent gain in 2016. Size is also an issue. […]

Source: http://enewsletters.constructionexec.com, October 26, 2015 By: Robert D. Chesler & Janine M. Stanisz The question of whether and when a contractor can obtain insurance coverage for damage caused by a subcontractor’s faulty work has been fought out in a state-by-state basis in courts across the country. In July, the New Jersey Appellate Division and the […]

Source: http://enewsletters.constructionexec.com, October 13, 2015 By: Jeff Slivka, New Day Underwriting Managers LLC Industrial pollution is a global problem. According to the U.S. Environmental Protective Agency (EPA), industry is responsible for approximately 50 percent of the pollution found in the environment today. This includes waterways contaminated by industrial dumping, improper waste containment, and leaks and […]

Source: http://www.buffalonews.com, November 9, 2015 By: T.J. Pignataro The environmental cleanup of the former Central Park Plaza in Buffalo has been completed, the state Department of Environmental Conservation said. Crews removed enough contaminated soil and material from the 27-acre brownfield site to fill one-third of an Olympic-sized swimming pool. Heavy metals such as arsenic and […]

Source: http://www.kirotv.com, November 9, 2015 By: Nick McGurk For nearly 100 years, a copper smelter in north Tacoma spewed pollution into the air until it stopped operating in 1985. The ASARCO smelter in Tacoma was demolished in 1993. But dangerous chemicals like arsenic and lead are still in the topsoil, affecting about 1,000 square miles from Olympia […]

Source: http://www.constructionbusinessowner.com, November 2015 By: Harry R. Johnson, Conner Strong & Buckelew How SMBs can compete against mega-contractors with this alternative More property owners are now inserting a clause in their construction contracts that could limit the competitiveness of small- and medium-sized businesses (SMBs): the requirement for wrap-up insurance. By relying on one policy to […]

Source: http://www.tctimes.com, November 6, 2015 By: Hannah Ball Suspected source of leak, Beacon and Bridge, may receive extension for final report More investigation is required to discover the source of the gasoline leak that was discovered last November in downtown Linden, according to the Department of Environmental Quality (DEQ). The DEQ has not been able […]

Source: http://www.lexology.com, November 5, 2015 By: Joseph A. Arnold and Andrew C. Lucking, Gordon & Rees LLP In a somewhat unusual insurance coverage case, the Third Circuit gave teeth to a “renewal” clause contained within a ten-year pollution and remediation policy and prohibited the insurer from materially changing the policy terms for the renewal period. […]

Source: http://www.lexology.com, November 4, 2015 By: Matthew J. Devries, Burr & Forman LLP When dealing with construction claims—whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given.  Generally, you have to make sure that you comply with the contract or insurance provisions by: (1) […]

Source: http://www.nj.com, October 29, 2015 By: Dan Ivers After nearly 30 years, city officials and chemical and technology company Celanese have agreed to terms on a deal to clean up the contaminated former site of Ironbound Stadium. Business Administrator Jack Kelly confirmed the tentative settlement on Wednesday, saying Celanese had agreed to pay approximately $2.3 […]

Source: http://www.lexology.com, October 9, 2015 By: Diane A. Silva, Manko Gold Katcher & Fox The New Jersey Superior Court Appellate Division recently confirmed that the New Jersey Spill Act applies retroactively and abrogates the State of New Jersey’s sovereign immunity for contribution to contamination.  The case, NL Industries, Inc. v. State, Dkt. No. L-1296-14 (Law Div., […]